Probate question?

I agree with colleagues. Most states do have abbreviated process for administering a small estate. Most banks will require court order to close...

I'm being charged for items my sister (trustee) thinks I have mainly my mother's jewelry Can she do this without proof of this

Trustee can offset your distribution to equalize for other property distributed to you. You can dispute the offset. Ultimately it is a proof...

Can a criminal court judge rule a exparte petition in probate court for letters of special administration over 1 million in fres

I agree with colleagues. Criminal court judge will stick to matters before criminal court. Ditto for probate court judge. Consult with a...

I have heirs land with a deed of distribution I want to sell but One heir wont let me sell my part by not signing off on it

I agree with colleagues. This is crossover Real Property and Probate. Mediation may be helpful. Consult an attorney competent in both areas of law.

Is a living well made in Canada valid in the United States. Do I need to make new one in California

Will created in another jurisdiction which was valid in that jurisdiction is valid in California. Check validity. Because twenty years have...

Selected as the best answer

My mom died in 2009 but my brother is the executor who hasn't done much but immediate paperwork, the estate is a simple one with

Agree with colleagues. Best things you should be doing: talk to your brother and his attorney, encourage them to proceed with administration of...

Can I cancel fraud deeds in Probate?

Yes. Probate court is proper forum to cancel fraudulent deeds and other transfers. You will have initial burden of proving invalidity. Lack of...

When a residuary clause has the brother of the testator as the beneficiary & then to his children if he does not survive...

Agree with colleagues. Children relationship with father not relevant to distribution. Children are contingent beneficiaries. Class gift.

agree with colleagues. Yes -co-trustee can hire attorney to represent self in trust matter. Reasonable attorney fees and costs can be charged to...

What can I do?

Agree with colleagues. Take action now. Lack of notice may be a serious red flag. potential issues from these facts include: undue influence,...